Saturday, February 6, 2021

Will Richland 2 Board Lack a Quorum today?

When the Richland 2 School Board convenes for a retreat today at 10:00AM, will it have a quorum?

And, if it doesn't, can it legally meet, even though no decisions are to be made?

Why would there even be a question about a quorum?

The reason is that there are two women on the board illegally.

According to Board Policy, a quorum is five of the seven members. Two women on the board (Amelia McKie and Teresa Holmes) have never taken the oath of office legally; thus, they are not legal members of the school board.

They are usurping public office, which is a serious crime in South Carolina. But apparently not one quite serious enough for the Office of the Attorney General to haul them before the S.C. Supreme Court. If that office did so, they would have no defense, and the Supreme Court hearing would likely last about five minutes.

The Justices would need to ask only two questions:

1. On what date did you take the oath of office?

2. On what date did you file your Statement of Economic Interests?

State law (S.C. Code of Laws 8-13-1110(A) says, first you file your Statement; then you take the oath of office, then you begin your official duties.

McKie and Holmes took an oath on November 13, 2018, before they were eligible to do so. Neither had filed her Statement of Economic Interests with the South Carolina Ethics Commission. After The Independent Voice of Blythewood & Fairfield County called them on their failure to file, both filed on December 4, 2018. On that date they first became eligible to take the oath of office legally and, after doing so, begin their official duties.

But they have never take the oath of office. Not on December 4, 2018. Not since December 4, 2018.

So, if McKie and Holmes are not legal members of the board, they cannot be counted toward the requirement of Five for a quorum.

The legal board members are Manning, Agostini, Elkins, McFadden and Caution-Parker.

Which one(s) will be absent today? Elkins has said she will not attend any in-person board meeting unless all board members are wearing facial masks. Holmes does not. She wears a face shield. (If she sneezes or coughs, well, we know that a face shield does not prevent her breath from escaping her immediate presence.)

So one non-member of the board keeps one board member away. Why doesn't the Chair order Holmes to wear a mask?

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